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1995 Supreme(Online)(Bom) 4

BOMBAY HIGH COURT
S.C. Dharmadhikari, J
Kumbhar C. P. v. State of Maharashtra


Advocates:
For the Appellants: Shri Pradhan
For the Respondents: Shri Palekar

1. A curious and somewhat interesting point has been canvassed in this criminal appeal which essentially revealves around the question as to whether in a case where multiple injuries, none of them of a grave nature, have been inflicted and the victim has died as a result thereof, whether a conviction under S.302, of the Indian Penal Code is sustainable. For purposes of that proposition, one need to further state that the injuries in question are on non - vital parts of the body and in these circumstances the moot point that arises is as to whether in the absence of specific evidence that any of these injuries were sufficient in the ordinary course of nature to cause death, it would be correct in law to sustain the conviction awarded by the trial Court under S.302, of the Indian Penal Code. The subsidiary issue canvassed was with regard to an allegedly defective charge and its effect on the trial, if the point is raised for the first time at the appellate stage. Where it is contended that the charge is defective and it does appear to be so, whether that aspect alone would be sufficient to vitiate the trial or whether it is to be regarded as a mere irregularity that is essentially cu








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